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Pennsylvania

  • January 16, 2019

    Pa. Faces Suit Over Medicaid-Funded Abortion Ban

    A group of women’s health care providers has argued that a Pennsylvania statute largely banning Medicaid dollars from covering abortions should be struck down as a violation of equal protection rights under the state constitution.

  • January 16, 2019

    Justices Weigh 21st Amendment's Scope In Wine Sales Case

    On Wednesday, 100 years to the day after the United States ratified a constitutional amendment making alcohol sales illegal, the U.S. Supreme Court heard arguments in a referendum on the scope of the amendment that made it legal once more and gave individual states broad discretion to regulate the industry.

  • January 16, 2019

    Wyndham Gets Terms-Of-Use Claim Cut From Resort Fee Suit

    Two Wyndham companies beat a proposed class claim that their websites violate New Jersey’s Truth in Consumer Contract, Warranty and Notice Act, after a Pennsylvania federal judge ruled Wednesday the lead plaintiff didn’t meet the law’s definition of an “aggrieved consumer.”

  • January 16, 2019

    Hernia Mesh Maker Can't Revive IP Suit Coverage Bid

    The Third Circuit on Wednesday affirmed that a Chubb Ltd. insurer doesn’t have to cover Tela Bio Inc.’s costs to defend against a trade secrets and unfair competition lawsuit brought by rival LifeCell Corp. over a hernia treatment product, agreeing with a lower court that the underlying action doesn’t contain any potentially covered defamation claims.

  • January 16, 2019

    J&J Renews Bid To End Antitrust Suit From Walgreens, Kroger

    Johnson & Johnson told a Pennsylvania federal judge Tuesday that Walgreens and Kroger can't bring antitrust claims against it for allegedly inflating prices and suppressing competition for its drug Remicade, reiterating its argument that the retailers didn't directly purchase the drug from J&J.

  • January 16, 2019

    NFL Concussion Firms Awarded Another $9.4M In Fees, Costs

    The Pennsylvania federal judge overseeing the NFL concussion settlement on Wednesday distributed $9.4 million in attorneys' fees and costs to plaintiffs firms who worked on the administration of the settlement last year, with more than $8 million going to lead class firm Seeger Weiss.

  • January 16, 2019

    Pa. AG Goes After Phony Philly-Area Immigration Atty

    A Philadelphia-area man who admitted to posing as an immigration attorney is facing a lawsuit from the Pennsylvania attorney general's office in a bid to recoup some $20,000 in fees he allegedly extracted from individuals he took on as clients in citizenship cases.

  • January 16, 2019

    High Court, With Kavanaugh, Rehears Pa. Takings Dispute

    The U.S. Supreme Court on Wednesday reheard oral arguments in a case concerning whether a Pennsylvania property owner can use the federal courts to pursue a claim that the local government unconstitutionally took value from her land, with Justice Brett Kavanaugh participating in the case for the first time.

  • January 16, 2019

    Pa. Appeals Court Weighs Meaning Of 'On' In Gas Leases

    Attorneys disputed the meaning of the word “on” in oil and gas law Wednesday as a landowner argued to the Pennsylvania Superior Court that he was entitled to extra payments from his gas lease with an Exxon Mobil Corp. subsidiary because underground hydraulic fracturing was occurring “on” his property.

  • January 16, 2019

    UPMC Can Recoup E-Discovery Costs In FLSA Case: 3rd Circ.

    The Third Circuit has agreed that four former workers who brought a failed Fair Labor Standards Act case against the University of Pittsburgh Medical Center should be forced to pay more than $300,000 in costs associated with electronic discovery in the litigation.

  • January 16, 2019

    Pa. Dem To Head Key House Communications Subcommittee

    Rep. Mike Doyle, D-Pa., has been elected chairman of the House Energy and Commerce Committee's Subcommittee on Communications and Technology, which oversees the Federal Communications Commission and policy matters relating to spectrum use, Democrats announced Tuesday.

  • January 15, 2019

    Wabtec Raps 'Desperate' Siemens In $8.3M Railroad IP Suit

    Westinghouse Air Brake Technologies Corp. on Tuesday called a battery of Siemens Mobility Inc. patent infringement claims "desperate" gambits by a latecomer to the U.S. rail safety market, during opening statements in Delaware for a nine-day $8.3 million federal jury trial.

  • January 15, 2019

    FirstEnergy Customer Violated Ch. 11 Stay, Judge Rules

    An Ohio federal judge agreed Tuesday that a Pennsylvania-based auto parts manufacturer’s move to cancel its deal to buy power from a bankrupt FirstEnergy Corp. subsidiary violated the company’s right to maintain its contractual relationships throughout Chapter 11 proceedings.

  • January 15, 2019

    Ameriprise Rips 'Quadruple Damages' In Life Insurance Fight

    A state judge in Pittsburgh awarded “quadruple damages” against Ameriprise Financial Inc. based on an erroneous reading of Pennsylvania law and wrongly handed out attorneys’ fees that had ballooned during appeal, the company told a state Superior Court panel Tuesday in a life insurance overpayment dispute.

  • January 15, 2019

    Lewis Brisbois Lands Segal McCambridge Team In Philly

    Lewis Brisbois Bisgaard & Smith LLP is significantly beefing up the ranks of its Philadelphia-area office with a team of eight attorneys, including a new co-chair and co-vice chair for its life sciences practice, brought on board from Segal McCambridge Singer & Mahoney Ltd.

  • January 15, 2019

    Pa. Judge's Tough Sex Offender Sentences Challenged Again

    Attorneys again questioned whether a Pittsburgh-based state judge had given an excessive sentence to a convicted sex offender, although the judge has announced her resignation after the Superior Court of Pennsylvania chastised her for an appearance of bias and removed her from two similar cases.

  • January 15, 2019

    UberBlack Drivers Ask 3rd Circ. To Revive Wage Suit

    A proposed class of Philadelphia-area UberBlack limo drivers asked the Third Circuit to revive their suit accusing Uber Technologies Inc. of violating state and federal labor laws, saying a district court prematurely determined they were independent contractors and not employees entitled to minimum and overtime wages.

  • January 14, 2019

    Former Chiefs Player's Ex-Wife Can't Join Head Injuries Suit

    The ex-wife of former NFL player Joe Phillips can’t join a suit against the Kansas City Chiefs that was settled late last year, a Philadelphia federal court ruled Monday, finding the request is both too late and barred by the broader 2015 concussion settlement.

  • January 14, 2019

    Judge Broke Ethics Rules By Bullying Opponent's Supporters

    A Pennsylvania judicial ethics panel has agreed that a magistrate judge's hostile public confrontations with supporters of a political opponent, including an incident in which he threatened a woman with "payback" for her actions, constituted a violation of disciplinary rules.

  • January 14, 2019

    Pittsburgh Firm Botched Case, Paid For Reviews, Suit Says

    A proposed class action in Pennsylvania state court has accused Kraemer Manes & Associates of botching a Pittsburgh woman’s federal harassment case by missing the statute of limitations while also inflating its reputation through soliciting five-star reviews from non-clients.

Expert Analysis

  • Does ADA Cover Accommodations For Transgender Workers?

    Lindsey Conrad Kennedy

    Much has been written about whether Title VII of the Civil Rights Act covers discrimination based on transgender status or gender identity, but how the Americans with Disabilities Act comes into play has largely remained uncharted territory. Until now, says Lindsey Conrad Kennedy of Eckert Seamans Cherin & Mellott LLC.

  • Arbitrators And Mediators Should Reflect Society's Diversity

    James Jenkins

    Alternative dispute resolution providers have made great strides toward diversity, but recent statistics show there is still work to be done. There are certain steps ADR providers can take to actively recruit more women and minority candidates to serve as arbitrators and mediators, says James Jenkins of the American Arbitration Association.

  • Why AFAs Are Key To The Future Of Legal Practice

    Kelly Eisenlohr-Moul

    Alternative fee agreements can help align law firm and client interests, increase efficiency and eliminate corporate extortion, among other benefits. They are the best thing to happen to the practice of law in decades, says Kelly Eisenlohr-Moul at Dinsmore & Shohl LLP.

  • Transparency Versus Confidentiality In 2019 Tax Disputes

    Tim Gustafson

    The growing tension between government promises of transparency and taxpayers’ right to confidentiality is likely to continue this year, as highlighted by two recent developments in Pennsylvania and California, say Tim Gustafson and Mike Le of Pillsbury Winthrop Shaw Pittman LLP.

  • 21st Amendment Vs. Commerce Clause At The High Court

    Alva Mather

    On Wednesday, the U.S. Supreme Court hears argument in Byrd v. Tennessee Wine and Spirits Retailers Association, highlighting the conflict between states’ rights to regulate alcohol under the 21st Amendment and the restrictions in the U.S. Constitution's commerce clause on states’ power to regulate interstate commerce, says Alva Mather of DLA Piper LLP.

  • Series

    Judging A Book: Barron Reviews 'The Clamor Of Lawyers'

    Judge David Barron

    Can lawyers lead a revolution? According to "The Clamor of Lawyers: The American Revolution and Crisis in the Legal Profession" — a slim but elegant volume by Peter Charles Hoffer and Williamjames Hull Hoffer — they can and they did, says First Circuit Judge David Barron.

  • Pa. Properties With Billboards Could See Bigger Tax Bills

    Kevin Boyle

    In the Chester-Upland School District matter, decided last month, the Commonwealth Court of Pennsylvania opened the door for taxing authorities to increase property assessments on parcels containing billboards based on the revenue such billboards may generate, say Kevin Boyle and Tyler Mullen of Stradley Ronon Stevens & Young LLP.

  • State Net

    State Lawmakers Grapple With Proliferation Of E-Scooters

    David Royse

    As state legislators return to session this year, many face a new issue: the explosion of e-scooters on city streets. Municipal officials scrambling to evaluate the legality of the rental scooters are seeking policy guidance at the state level, says David Royse of State Net Capitol Journal.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 2

    Peter Jarvis

    Lawyer-directed nonrecourse litigation funding is more likely to protect a lawyer's exercise of independent professional judgment than traditional means of litigation finance, and furthermore enables worthwhile cases that otherwise could not be funded, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 1

    Peter Jarvis

    Contrary to what the New York City Bar Association concluded in an ethics opinion last year, lawyer-directed nonrecourse commercial litigation funding does not violate New York rules on sharing fees with nonlawyers, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.